Three months ago the Supreme Court ruled that the Employment Tribunal fee regime was unlawful and therefore must be withdrawn.
Since then we have been waiting for the Government to confirm its plans to reimburse those who paid the unlawful fee.
Finally, on 20th October 2017 the Government confirmed its plans to roll out a reimburse scheme. This is a staged process; the first 4 weeks is open to...Read More
Sex discrimination at the police school?
In the recent case of Ypourgos Ethnikis Pedias kai Thriskevmaton v. Kalliri, the European Court of Justice (ECJ) held that the requirement for candidates for the Greek police academy to be at least 1.70 meters tall amounted to indirect sex discrimination which could not be objectively justified.
The ECJ is the EU’s highest legal authority, tasked with...Read More
Section 13 of the Equality Act 2010 (EqA) says that “A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”
But what is a protected characteristic? Age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity...Read More
DENTAL BULLETIN, ISSUE 56
The BDA’s Evidence to the Review Body on Doctors’ and Dentists’ Remuneration for 2017/18 found that 51% of the dental profession would not recommend a career in dentistry. The same report found that both practice owners and associates considered their morale to be ‘low’ or ‘very low’ at 29 per cent and 32 per cent respectively.
In response the BDA is...Read More
In last month’s e alert we looked at how to set up a limited company. Once this has been done, it is necessary to ensure that the team leading the company understand their obligations and comply with their legal duties. Here we look at the definition of a director, their duties and the consequences of breaching those duties.
Who is a company director?
Before looking at a company...Read More
DENTAL BULLETIN, ISSUE 53
In this article we set out the key obligations placed on an employer for its pregnant employees so you can you understand your duties to them. You can offer more than the statutory requirements we have set out, and by having greater benefits you are likely to attract and retain better staff. However, you cannot offer less than the statutory minimums...Read More
Dr Bates and Barclays Bank: case analysis
DENTAL BULLETIN, ISSUE 52
The question posed was whether an employer can be vicariously liable for sexual assaults perpetrated by an independent doctor?
Between 1968 and 1984 Dr Bates was engaged by Barclays Bank to carry out medical examinations on potential and existing employees of the bank. Barclays at that time were undergoing a...Read More
The Supreme Court has today upheld Unison’s appeal and found that Employment Tribunal fees are unlawful. This is a ground-breaking decision; since the fees have been introduced, many have argued that it prevents access to justice and as the years have trickled by the statistics have shown this to be the case.
Introduction of Fees
On 28th July 2013 the Government introduced fees into the...Read More